ADU Owner Occupancy: Kent vs Seattle
How do adu owner occupancy rules compare between Kent, WA and Seattle, WA?
Kent and Seattle have similar restriction levels.
Kent, WA
King County
Kent does not require owner-occupancy on properties with an accessory dwelling unit. The June 2023 update to KCC 15.08.250 removed the prior owner-occupancy mandate, and Washington HB 1337 (RCW 36.70A.683) prohibits Growth Management Act cities from imposing owner-occupancy on ADUs. Owners may rent both the primary dwelling and the ADU to separate tenants.
View full Kent rules →Seattle, WA
King County
Seattle eliminated all owner-occupancy requirements for ADUs in 2019 under Ordinance 125854, and this is now reinforced by Washington HB 1337 (codified at RCW 36.70A.696) which prohibits cities from imposing owner-occupancy on ADUs statewide. SMC 23.42.054.B.4 explicitly states no owner-occupancy is required.
View full Seattle rules →Key Facts Comparison
| Fact | Kent | Seattle |
|---|---|---|
| Owner-Occupancy | Not required | Not required |
| Removed By | KCC 15.08.250 update (June 2023) | - |
| State Preemption | RCW 36.70A.683 | - |
| Both Units Rentable | Yes | - |
| HOA Rules | May still apply privately | - |
| Code Section | - | SMC 23.42.054.B.4 |
| State Law | - | RCW 36.70A.696 |
| Deed Restriction | - | None required |
| Rental Registration | - | RRIO required |
Highlighted rows indicate differences between cities.
Kent FAQ
Do I have to live on the property to rent my Kent ADU?
No. Kent removed the owner-occupancy requirement when KCC 15.08.250 was updated in June 2023, and Washington RCW 36.70A.683 prohibits Growth Management Act cities from imposing owner-occupancy on ADUs. You may rent both the primary house and the ADU while living elsewhere.
Can my HOA still require owner-occupancy?
Possibly. State preemption applies to cities and counties, not to private covenants. Review your HOA or condo declaration. Such rules are enforced privately through civil action in King County Superior Court, not by Kent code enforcement.
Seattle FAQ
Do I have to live on the property to have an ADU in Seattle?
No. Seattle eliminated all owner-occupancy requirements in 2019 under Ordinance 125854 and Washington HB 1337 now prohibits any Washington city from imposing them. SMC 23.42.054.B.4 is explicit.
Can I rent both my house and the ADU to different tenants?
Yes. Both can be rented separately. You must register each rental unit with Seattle's RRIO program under SMC 22.214 and comply with just-cause eviction rules.
Is there a deed restriction tied to my ADU?
No. Seattle does not require any ADU deed restriction or covenant. Owner-occupancy is not a condition of permit issuance or continued legal use.
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